Sport Court Improvements

Switch to New LED Lighting for your Court

Gain peace of mind and cost savings by switching to a new LED lighting system. Your existing lighting systems may be retrofitted with LED. Products are engineered to last and most customers experience significant cost savings by reducing daily operating savings and requiring little to no maintenance for 10 to 12 years. In addition, the LED units have instant on/off dimming and wireless remote capabilities.

Add a Court Windscreen

Add a windscreen to your court to provide a good visual background and wind protection. Windscreens help provide optimum playing conditions and are designed to provide a uniform, structurally sound backdrop. Your new windscreen will resist strong winds, yet the installation is designed to detach at the edges in tornadic or exceptionally high straight-line winds in order to protect the tennis court fencing. Your fencing will be carefully measured to ensure a custom fit.

MASTER SYSTEMS COURTS - Court Construction, Resurfacing, Equipment & Accessories 4454 Myerwood Lane, Dallas, TX 75244 mastersystemscourts.com

Resurface your Sports Court

Improve your member’s playing experience and prolong the life of your sport court investment by resurfacing. On average, Home Owners Associations budget to resurface their outdoor hard courts every five years. The amount of play on the courts, weather and poor maintenance can have a huge impact on the longevity of the court surface. In addition, standing water and piles of wet leaves will cause the surface paint to delaminate. Resurfacing your sports court and common-sense maintenance on a regular basis will prolong the life of your sport court investment.

As a resident of Texas, the thought of summer brings the 3 H’s to mind… Heat, Humidity, and “Holy cow what is that person wearing?” A few years ago, I was playing at a golf course in one of my client’s subdivisions. As I approached the 4th tee box that is adjacent to an owner’s back yard, I realized the owner decided he’d beat the summer heat while working on his yard by wearing nothing but a speedo and a smile. My score and my eyes suffered that day.

Yes, the beginning of summer marks the beginning of many things for a community association to address…poor attire choices notwithstanding. For example, summer means the community pool will soon be filled with energized kids enjoying their three month reprieve from school. Accordingly, the majority of owners will be arriving in droves to collect their pool tags. So, what can or can’t a community association do when an owner is delinquent in paying his/her assessments? The response is typically the same, no payment…no pool. While this premise may be true, community associations must realize that Section 209.006 of the Property Code sets forth very specific notice requirements that must be sent to an owner prior to suspending an owner’s right to use a common area, i.e., the pool. Ensuring compliance with the Property Code on the front end can save a world of sunburn on the back end.

As a point of clarification, Section 209.006 does not apply to condominiums. As such, different remedies are available to garden condominiums, high rises, etc. which may vest those associations with the authority to limit access/entry to the pool facility. Condominium associations should consult with their legal counsel to determine their rights/authority regarding remedies that are exclusive to condominiums pursuant to Section 82.102(a)(17) of the Property Code.

So what exactly must a community association do to comply with Section 209.006 of the Property Code prior to suspending an owner’s right to use a common area?

§209.006(a) of the Property Code states, in pertinent part, as follows:

“Before a property owners' association may suspend an owner's right to use a common area, file a suit against an owner other than a suit to collect a regular or special assessment or foreclose under an association's lien, charge an owner for property damage, or levy a fine for a violation of the restrictions or bylaws or rules of the association, the association or its agent must give written notice to the owner by certified mail.” (emphasis added)

This section of the Property Code is often overlooked by many community associations when pool season rolls around. Although an association’s governing documents may authorize the association to suspend an owner’s right to use the pool as a result of nonpayment of assessments, the association is still required to adhere to Section 209.006 prior to implementing the suspension. also include specific language set forth in the statute. Failure to include the requisite language will again render the notice invalid.

§209.006(b) of the Property Code states as follows:

1. Describe the violation or property damage that is the basis for the suspension action, charge, or fine and state any amount due the association from the owner;

2. except as provided in Subsection (d), inform the owner that the owner:

(A) is entitled to a reasonable period to cure the violation and avoid the fine or suspension if the violation is of a curable nature and does not pose a threat to public health or safety;

(B) may request a hearing under Section 209.007 on or before the 30th day after the date the notice was mailed to the owner; and

(C) may have special rights or relief related to the enforcement action under federal law, including the Servicemembers Civil Relief Act (50 U.S.C. App. Section 501 et seq.), if the owner is serving on active military duty.

There is no wiggle room regarding the above referenced language that must be included in the notice. Failure to include all of the items set forth in 1 and 2 above will result in the notice being in violation of the statute. Accordingly, community associations and their managers must be sure that the notice that is sent to an owner mirrors the language set forth above. In doing so, the association will ensure compliance with the Property Code and curtail allegations of wrongdoing if/when an owner’s right to use a common area is suspended. This will save the association valuable time and effort and allow it to focus on more important issues… like adopting a proper yard work attire policy.

Eric Tonsul, Shareholder Roberts Markel Weinberg Butler Hailey PC – Attorneys and Counselors at Law